Brayton Purcell LLP has released Episode 11 of its podcast, From Dust to Verdict, focusing on critical governmental hearings related to the public health crisis associated with artificial stone countertop fabrication. The episode discusses testimony presented at the Cal/OSHA Standards Board and a federal hearing concerning HR 5437, a bill that could limit legal accountability for foreign manufacturers of crystalline silica artificial stone slabs.
Cal/OSHA Hearing Highlights Health Risks
The Cal/OSHA Standards Board convened on January 15, 2026, to address the alarming rise in silicosis cases among workers exposed to crystalline silica used in artificial stone. The hearing revealed significant disparities in the presentation of testimony. While the Western Occupational and Environmental Medical Association (WOEMA), representing over 600 occupational medicine physicians, was not allowed a full presentation, a lengthy counter-presentation was provided by the International Surface Fabricators Association (ISFA), which advocates for foreign slab manufacturers.
During the episode, host and partner at Brayton Purcell LLP, James Nevin, shared his own brief testimony, emphasizing that his firm represents approximately 500 California fabrication workers who support WOEMA’s petition. Nevin underscored the dangers posed by crystalline silica, which consists of toxic nano-sized particles—at least 90% silica—combined with harmful metals and resins. He highlighted that even the most advanced safety systems in fabrication shops cannot adequately control the hazards presented by this material.
Medical experts from Cal/OSHA reported that more than half of California’s fabrication shops have documented cases of silicosis. Testimony from Dr. Robert Blink, an occupational medicine physician, reinforced the inherent dangers of artificial stone compared to natural stone, citing differences in particle size, chemical structure, and toxicity. Dr. Blink noted that safe handling of artificial stone would necessitate “Level A” encapsulated hazmat suits, which are impractical in typical fabrication settings.
Federal Hearing Raises Legal Concerns
On January 14, 2026, a separate federal hearing reviewed HR 5437, legislation designed to protect foreign manufacturers from civil lawsuits filed by U.S. workers suffering from silicosis. The episode features testimony from Dr. David Michaels, former Assistant Secretary of OSHA, who described the artificial stone fabrication industry as one of the most hazardous in the nation. Dr. Michaels cautioned that shielding manufacturers from lawsuits would remove vital incentives to improve safety standards.
Representative Jamie Raskin and Representative Hank Johnson voiced strong concerns during the hearing, emphasizing the dire consequences for young workers who now face the prospect of double-lung transplants due to preventable silicosis. They highlighted the unique dangers presented by artificial stone’s nano-sized particles and volatile organic compounds (VOCs), which make it significantly more hazardous than natural stone.
The podcast episode encourages listeners to take action by contacting the Cal/OSHA Standards Board and California Governor Gavin Newsom to support WOEMA’s petition aimed at banning crystalline silica artificial stone in California. Nevin also urges outreach to congressional representatives to oppose HR 5437, which he argues would severely restrict the rights of injured workers and their families seeking accountability from foreign manufacturers.
Brayton Purcell LLP, based in Novato, California, is dedicated to advocating for individuals and families affected by toxic exposures, striving for transparency and accountability in industries linked to hazardous materials. For those interested, the latest episode of From Dust to Verdict is available for listening online.
